Schenk v. Mercury Marine Division, Lowe Industries

Plaintiff appeals as of right from the October 10, 1984, order granting defendant Robert Langeland’s motion for summary judgment in this negligence action. Although the order does not expressly state the grounds upon which summary judgment was granted, a review of the trial court’s oral findings and conclusions reveals that it was grounded upon GCR 1963, 117.2(1), now MCR 2.116(C)(8), failure to state a claim upon which relief can be granted.

A brief recitation of facts is necessary in disposing of this matter.

For some period of time prior to October 12, 1981, Venessa Vilcans, plaintiffs…